Tex. Est. Code § 453.003 · Chapter 453. ADMINISTRATION OF COMMUNITY PROPERTY
GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If there is no qualified executor or administrator of a deceased spouse's estate, the surviving spouse, as the surviving partner of the marital partnership, may:
(1) sue and be sued to recover community property;
(2) sell, mortgage, lease, and otherwise dispose of community property to pay debts for which a portion of community property is liable for payment;
(3) collect claims due to the community estate; and
(4) exercise other powers as necessary to:
(A) preserve the community property;
(B) discharge obligations for which a portion of community property is liable for payment; and
(C) wind up community affairs.
(b) This section does not affect the disposition of the deceased spouse's property.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 39, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 438 (H.B. 3421), Sec. 8, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 831 (S.B. 1448), Sec. 9, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.453.htm
- Text hash
- sha256 56c621f275838d984f0804ad400d61b89f8c7b718ca7b7ba6f0e5db7b0b0cb48
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.